Media, Entertainment and Arts Alliance

[2022] FWCA 2980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2022/3487)

Six Casual Crew Collective Agreement 2022

Live performance industry
DEPUTY PRESIDENT DEAN	CANBERRA, 29 AUGUST 2022

Application for approval of the Six Casual Crew Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Six Casual Crew Collective Agreement 2022 (the Agreement). The application was made by the Media, Entertainment and Arts Alliance (MEAA) pursuant to s.185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

In accordance with s.187(5)(a) of the Act, I am satisfied that the MEAA is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the MEAA and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

This case involved an application by the Media, Entertainment and Arts Alliance for the approval of the Six Casual Crew Collective Agreement 2022. The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute centred on whether the agreement appropriately balanced the rights and obligations of employers and employees in the context of casual employment within the media, entertainment, and arts sectors.

The primary legal issue before the Commission was whether the collective agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The Commission also examined whether the agreement appropriately reflected the interests of both parties and whether it complied with other relevant legislative requirements.

In reaching its decision, the Commission carefully evaluated the terms and conditions of the collective agreement. It noted that the agreement had been negotiated between the Media, Entertainment and Arts Alliance and the relevant employers, and that it addressed key issues such as wages, penalty rates, and working conditions. The Commission found that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms and conditions. The Commission concluded that the agreement appropriately balanced the rights and interests of both employers and employees, and therefore approved the collective agreement.

The Fair Work Commission approved the Six Casual Crew Collective Agreement 2022, finding that it met the necessary criteria for approval under the Fair Work Act. The Commission's decision provides clarity for employers and employees in the media, entertainment, and arts sectors regarding the terms and conditions of casual employment, and ensures that the agreement is fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established